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Do You Have a Plan for Re-Opening?

Bill Clark

In the previous article, there were many suggestions made about re-opening a facility. Hopefully, things will improve to a point that Condominiums can at least start to look at where they are on the Health Departments’ color scale, which zone they are in, and plan accordingly.

However, each level presents various problems for re-opening, Boards can design a good plan, which can be adapted to meet the government criteria as requirements evolve.

I have included a reopening plan for a Condominium which has a Clubhouse that includes a number of recreational facilities: e.g. pool, billiard room, multi-purpose room, gym, arts and craft room and library and sauna. The Board has done their due diligence and prepared a re-opening plan that will fulfill all the Health departments’ requirements for their Region. The re-opening plan outlines how and when residents can use the facilities. Your Condominium may not have all the the facilities discussed, but hopefully you will find the information helpful to tackle the COVID-19 Challenge.

An important factor in presenting this re-opening plan, Residents will only have access to the facilities if they agree to follow the prescribed COVID-19 protocols. If the Owners/ Residents do not agree, they should not be allowed to use the facility.

The building will have to be completely sanitized prior to opening. Although it probably has been closed close to a year, SAFETY is a number 1 priority.

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GENERAL RULES

• All residents are required to answer screening questions, and have their temperature taken, everytime, prior to entering the building by staff or volunteers. • Use of hand sanitizer is mandatory upon entry. • A mask must be worn, where required, in certain areas of the clubhouse. • Entry and exit procedures must be followed. • 6 Feet of space must exist between residents who are not from the same households. This will probably have to be enforced by the residents themselves. • Administrative staff will report any instance of rule infraction. Fobs, if used, will be deactivated as required to ensure all residents respect rules as they are for the safety of residents and staff. • No family or guests are permitted to enter the clubhouse, for any reason. • When using corridors social distancing, must be practiced. Please allow other residents to pass by without blocking the area. • Residents must avoid re-entering the clubhouse. If a resident forgets an item , they must let staff know they plan to re-enter. • Doors will remain locked or chained until area is re-opened. • No area of the clubhouse facility may be used outside of the provided schedule.

CLUBHOUSE HOURS

The Clubhouse will only be available when staff are present. The following is a tentative schedule:

Saturday and Sunday 9 a.m. - 6 p.m.

Monday, Wednesday and Friday 8 a.m. - 5 p.m.

Tuesday and Thursday 11 a.m. -8 p.m.

MULTI-PURPOSE ROOM

Is only available for fitness classes. NOTE: Room will be kept locked unless in use for classes.

Fitness Classes

• Zumba, Yoga, Zoomercise, Bend Me

Shape Me, Danceflow, Line Dancing and Pilates may restart, as per Health

Department restrictions; i.e. marks on floor for social distancing (6 ft. apart). • All equipment ,mats,weights, etc. are the responsibility of the participant. • The usage of chairs is forbidden, unless participant can provide sanitizing of their chair after usage. • All areas not being used in the MPR room will be roped off. • All lost and found items will be labeled by class, dated and tagged, and kept for 72 hours. (This will be done by staff or volunteers, wearing PPE.) • Residents will not have access to dressing rooms and should come dressed appropriately. Lockers and storage will not be available. • Payments must be made directly to the instructor. • Classes will be a maximum of 45 minutes with fifteen minutes for sanitizing

after class. • Access to MPR room is through the first entrance closest to Reception and exit shall be closest to the Coat Room.

POOL (May or may not be opened, Green phase color) • Pool capacity will be restricted to 6 and social distancing MUST be maintained. • Residents must reserve their time in advance and can only swim for 45 minutes. 30 minutes will be allowed for changing and cleaning. • Change rooms will be open but no showers or lockers will be available.

Please come changed. Board will have to check with local Health authorities on showers. • No floatation devices/snorkels; etc. are allowed. • Goggles are encouraged. • Non-bathers or guests are not allowed. • In case of accessibility requirements involving the use of floatation devices, please request permission in advance.

Note: The personal aid will be counted as one of the 6 swimmers. • Lost and Found will be labeled by class, dated and bagged and kept for 72 hours. (This will be done by staff or volunteers, wearing PPE.) • No resident can schedule more than one session at a time. There must be 48 hours between each booking to allow for all residents to book the facility. • Aquafit classes will take place at a later date. • Entry to change rooms will be through corridor doors ONLY. NOT through the washroom doors. The pool doors will remain open for 5 minutes after the scheduled start, then closed and locked. • 10 minutes will be allowed for cleaning.

KITCHEN

• Shall remain off limits until further notice. • Storage cabinets shall not be made accessible to anyone.

SAUNA (will not be opened until green Phase) • Residents may only use the Sauna, one person at a time. If from same household, 2 people. • Residents scheduling the Sauna should come properly dressed as there will be no change room access. • Lost and Found will be bagged, labeled and kept for 72 hours. • Access to Sauna will be via main corridor. • No resident can schedule more than one session in a 48 hour period.

FITNESS ROOM

• The fitness room can be scheduled for 45 minute sessions with cleaning an extra 15 minutes after. • Maximum 2 people per session and social distancing must be maintained. • All equipment used must be wiped with provided cleaning solution. • Lockers and changerooms will not be available. Please come dressed accordingly. • Access to Fitness room will be via corridor only. • No resident can book more than one session per 48 hours. Again to allow access to all resdents.

BILLARDS and CRAFTS ROOMS

• Will not be opened until Green Phase. • All participants must wear a mask at all times. • Maximum 4 per time slot. • Again room and equipment must be cleaned after usage with supplied material. • Pool balls and cues must be left out after usage in labeled area. • Maximum 45 minutes per usage with cleaning for15 minutes after use. • Rooms will be kept locked when not in use.

BOARD ROOM

• Room will be kept locked unless booked. • Meetings must be scheduled in advance. • Masks must be worn throughout the meeting. • All touch points of the Board Room must be wiped down by users with provided solution.

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As indicated in the earlier article on … Points to Consider before Re-Opening, this plan was turned over to a lawyer, the local public health department and the Insurance Company.

The re-opening of condominium amenities are not mandatory. Condominiums still face the usual and now enhanced risks with using such amenities, given the COVID-19 pandemic. Following Green level and Public Health directives will not act as an impervious legal shield, should an outbreak occur. Even a cursory online search reveals the eruption of class action suits that have arisen, stemming directly from the outbreak of COVID -19 in senior care facilities. Lawyers acting in personal injury matters have begun migrating services to this area. The prospect of a unit owner suing a condominium for injuries sustained from an outbreak appear likely, if not assured. Accessing these services would appear vital in this environment. With this documented plan and also its recorded implementation, would represent significant barriers to legal liability.

Fifth, the Condominium may wish to install and monitor remote cameras, to ensure social distancing is being followed. In that vein, careful enforcement and monitoring should be employed. Also, a system of enforcement violations should be introduced; e.g., demand letters, fob cancellations or even closing the clubhouse down.

Sixth, restricting usage to unit owners to even or odd days according to their unit numbers would be another alternative. All told, these steps should be considered foundation steps, not ultimate.

In summary, by communicating frequently, taking careful professionally endorsed mitigative steps and recording them, followed with careful monitoring and enforcement, the Condominium will have additional protections if an outbreak does occur, and those infected elect to hold the Condominium liable.

“Following Green level and Public Health directives will not act as an impervious legal shield, should an outabreak occur. ”

If a COVID-19 outbreak was to be attributed to the use of the Condominiums’ clubhouse, the permission granted by the Province of Ontario’s color status and the input of Public Health would not extinguish outrightly any claim. Therefore, further steps in this setting should receive consideration from the Board to mitigate legal risk.

First, widespread and repeated written communication should be delivered to unit owners and occupants on a continuous basis: it should be repeated in clear and simple terms the proper usage of the clubhouse. Such communications should also indicate that the use of the clubhouse is strictly at the user’s risk, including the potential transmission of COVID-19.

Second, there is nothing preventing a condominium from requiring temperature checks or by the signing of waivers before using the clubhouse. (Note: Waivers are widely used but their legal effect is often nominal.)

Third, public health displays should also be posted, clearly reinforcing such messages of how to use the clubhouse, and how to avoid the transmission of COVID-19. Such information circulars and public displays should be carefully logged and documented, while attending photos build and maintain a consistent record.

Fourth, the Condominium should carefully follow the sanitization requirements as required by the stage/color zone you are in via the Public Health regulations. Also, the recommendations of janitorial and cleaning consultants should be obtained.

Bill Clark

CCI Communications Committee Many thanks to Property Manager Fernanda Silveira, and Condominium lawyer Robert Mullin, for their feedback.

Cowan

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